WSR 10-15-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-178 -- Filed July 14, 2010, 10:01 a.m. , effective July 15, 2010 ]


Effective Date of Rule: July 15, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900S; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Catch and effort in the estuary sturgeon fishery have been less than expected. White sturgeon remain available for harvest based on the guideline for this area. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 13, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to McNary Dam.

(2) Effective immediately through July 31, 2010, all angling is prohibited from a line between the upstream end of Sand Island, located east of Rooster Rock State Park on the Columbia River, to a marker on the Oregon shore, downstream to a line between the lower end of Sand Island and a marker on the Oregon shore.

(3) Effective immediately through August 31, 2010, it is unlawful to fish for or possess sturgeon in those waters of the Columbia River upstream from a line crossing the Columbia from Navigation Marker 82 on the Oregon shore through the upstream exposed end of Skamania Island, continuing in a straight line to a boundary marker on the Washington shore.

(4) Effective July 15 through August 1, 2010, a person may retain white sturgeon caught in those waters of the Columbia River from the mouth upstream to the Wauna power lines, and all adjacent Washington tributaries. Daily limit 1 fish. Minimum size limit is 41 inches fork length; maximum size is 54 inches fork length.

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REPEALER


The following section of the Washington Administrative Code is repealed effective July 15, 2010


WAC 232-28-61900S Exceptions to statewide rules -- Columbia River sturgeon. (10-163)

Washington State Code Reviser's Office